(A) It is not necessary to aver the a party's capacity
of a party to sue or be sued;

(B) a party'sor the authority of a party to sue or
be sued in a representative capacity; or

(C) the legal existence of an organized association of persons that is made a party.

(2) Raising Those Issues.If a party desires to raise an issue as to the legal
existence of any
party or the capacity of any party to sue or be sued or the authority of a party to sue or be
sued, in a representative capacityTo raise any of those issues,
thea party desiring to raise
the issue shallmust do so by a specific negative
avermentdenial, which must include suchstate any supporting particulars asfacts that are peculiarly
within the pleader'sparty's
knowledge.

(b) Fraud,or Mistake,;conditionConditions of the mind. In all
averments ofalleging fraud
or mistake, a party must state with particularity the circumstances constituting fraud or
mistake shall be stated with particularity. Malice, intent, knowledge, and other
conditionconditions of a person's mind of a person may be
averredalleged generally.

(c) Conditions Precedent. In pleading the performance or occurrence of
conditions
precedent, it is sufficientsuffices to averallege generally that all conditions precedent have
been performed or have occurred or been performed. A denial
of performance or occurrence
shall be made specifically andBut when denying that a condition precedent has
occurred or
been performed, a party must do so with particularity.

(d) Official Document or Act. In pleading an official document or official act, it
is
sufficient to aversuffices to allege that the document was legally
issued or the act legally
done in compliance with law; and in.In pleading
anyan ordinance or regulation of a county,
city, village, or other political subdivision, or anya special, local or
private statute or any
right derived therefrom, or the laws of another jurisdiction, it is
sufficientsuffices to refer
to the ordinance, regulation, statute, or law by its title and date of its approval or in some
other manner with convenient certainty.

(e) Judgment. In pleading a judgment or decision of a domestic or foreign court, judicial
or quasi-judicial tribunal, or of a board or officer, it is
sufficientsuffices to averplead the
judgment or decision without setting forth matter showing jurisdiction to render
it.

(f) Time and place. For the purpose ofAn allegation of time or place
is material when
testing the sufficiency of a pleading, averments of time and place are material and shall
be
considered like all other averments of material matter.

(g) Special DamageDamages. When itemsIf an item of special damage aredamages is
claimed, they shallit must be specifically stated.

(h) Name of Party. When the pleader shall beIf a party is
ignorant of the name of aanother
party, suchthe unknown party may be designated in
anya pleading or proceeding by any
name and when the true name shall beis discovered, the pleading
or proceeding may be
amended accordingly.

EXPLANATORY NOTE

Rule 9 was amended, effective March 1, 1990; _____________.

Rule 9 is adapted from RuleFed.R.Civ.P. 9, FRCivP.
Deviations from this federal rule
are the deletion of a reference to showing jurisdiction of the court in subdivision (a);
addition to subdivision (d) of procedure for pleading ordinances, regulations, and the
like, of political subdivisions of this State or another jurisdiction; and substitution of
procedure to be followed when the name of a party is unknown for the federal provision
dealing with admiralty and maritime claims in subdivision (h).

Rule 9 was amended, effective _______________, in response to the December 1,
2007, revision of the Federal Rules of Civil Procedure. The language and organization of
the rule were changed to make the rule more easily understood and to make style and
terminology consistent throughout the rules.

Subdivision (a) was amended, effective March 1, 1990. The amendments are technical
in nature and no substantive change is intended.